Criminal Code Offences

Sections of the Criminal Code of Canada that directly relate to divorce

72. (1) Forcible Entry  A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace. (1.1) Matters not material  For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property. (2) Forcible detainer  A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it. (3) Questions of law  The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law. R.S. 1985, c. 27 (1st Supp.), s. 10.

73. Punishment  Every person who commits forcible entry or forcible detainer is guilty of (a) an offence punishable on summary conviction; or (b) an indictable offence and liable to imprisonment for a term not exceeding two years. R.S. 1985, c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58(1), Schedule I, item 2. . . . . .

127. (1) Disobeying Order of Court  Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Attorney General of Canada may act  Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner. . . . . .

166. [Repealed 1994, c. 44, s. 9.] . . . . .

172. (1) Corrupting Children  Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) [Repealed R.S. 1985, c. 19 (3d Supp.), s. 6] (3) Definition of child  For the purposes of this section, child means a person who is or appears to be under the age of eighteen years. (4) Who may institute prosecutions  No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. R.S. 1985, c. 19 (3d Supp.), s. 6. . . . . .

215. (1) Duty of Persons to Provide Necessaries  Every one is under a legal duty (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years; (b) as a married person, to provide necessaries of life to his spouse; and (c) to provide necessaries of life to a person under his charge if that person (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and (ii) is unable to provide himself with necessaries of life. (2) Offence  Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if (a) with respect to a duty imposed by paragraph (l)(a) or (b), (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently. (3) Punishment  Every one who commits an offence under subsection (2) is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. (4) Presumptions  For the purpose of proceedings under this section, (a) evidence that a person has cohabited with a person of the opposite sex or has in any way recognized that person as being his spouse is, in the absence of any evidence to the contrary, proof that they are lawfully married; (b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child; (c) evidence that a person has left his spouse and has failed, for a period of any one month subsequent to the time of his so leaving, to make provision for the maintenance of his spouse or for the maintenance of any child of his under the age of sixteen years is, in the absence of any evidence to the contrary, proof that he has failed without lawful excuse to provide necessaries of life for them; and (d) the fact that a spouse or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence. 1991, c. 43, s. 9, Schedule, item 2. . . . . .

218. Abandoning Child  Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. . . . . .

264. (1) Criminal harassment  No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. (2) Prohibited conduct  The conduct mentioned in subsection (1) consists of (a) repeatedly following from place to place the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family. (3) Punishment  Every person who contravenes this section is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. (4) Factors to be considered  Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or (b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a) (5) Reasons  Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision. R.S. 1985, c. 27 (1st Supp.), s. 37; 1993, c. 45, s. 2; 1997, c. 16, s. 4; c. 17, s. 9(3).

264.1 (1) Uttering Threats  Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person. (2) Punishment  Every one who commits an offence under paragraph (1)(a) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. (3) Idem  Every one who commits an offence under paragraph (1)(b) or (c) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. R.S. 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16. . . . . .

271. (1) Sexual Assault  Every one who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. (2) No defence  [Repealed R.S. 1985, c. 19 (3d Supp.), s. 10.] R.S. 1985, c. 19 (3d Supp.), s. 10; 1994, c. 44, s. 19.

272. (1) Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm  Every person commits an offence who, in committing a sexual assault, (a) carries, uses or threatens to use a weapon or an imitation of a weapon; (b) threatens to cause bodily harm to a person other than the complainant; (c) causes bodily harm to the complainant; or (d) is a party to the offence with any other person. (2) Punishment  Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for a term not exceeding fourteen years. 1995, c. 39, s. 145.

273. (1) Aggravated Sexual Assault  Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. (2) Aggravated Sexual Assault  Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. 1995, c. 39, s. 146. . . . . .

278. Spouse May Be Charged  A husband or wife may be charged with an offence under section 271, 272 or 273 in respect of his or her spouse, whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

279. (1) Kidnapping  Every person commits an offence who kidnaps a person with intent (a) to cause the person to be confined or imprisoned against the person’s will; (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or (c) to hold the person for ransom or to service against the person’s will. (1.1) Punishment  Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) Forcible confinement  Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. (3) Non-resistance In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition or force. R.S. 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39. s. 147; 1997, c. 18, ss. 14, 113; 1997, c. 17, s. 9.

279.1 (1) Hostage Taking  Every one takes a person hostage who (a) confines, imprisons, forcibly seizes or detains that person, and (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage. (2) Hostage taking  Every person who takes a person hostage is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (3) Non resistance  Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279. R.S. 1985, c. 27 (1st Supp.), s. 40(1); 1995, c. 39, s. 148.

280. (1) Abduction of Person Under Sixteen  Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (2) Definition of guardian  In this section and sections 281 to 283,  guardian includes any person who has in law or in fact the custody or control of another person.

281. Abduction of Person Under Fourteen  Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

282. (1) Abduction in Contravention of Custody Order  Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. (2) Where no belief in validity of custody order  Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283. 1993, c. 45, s. 4.

283. (1) Abduction  Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. (2) Consent required  No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose. 1993, c. 45, s. 5. 284. Defence  No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person. 285. Defence  No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm. 286. No Defence  In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

290. (1) Bigamy  Every one commits bigamy who (a) in Canada, (i) being married, goes through a form of marriage with another person, (ii) knowing that another person is married, goes through a form of marriage with that person, or (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein. (2) Matters of defence  No person commits bigamy by going through a form of marriage if (a) that person in good faith and on reasonable grounds believes that his spouse is dead, (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years, (c) that person has been divorced from the bond of the first marriage, or (d) the former marriage has been declared void by a court of competent jurisdiction. (3) Incompetency no defence Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed. (4) Validity presumed Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid. (5) Act or omission by accused  No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

292. (1) Procuring Feigned Marriage  Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (2) Corroboration  No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

293. (1) Polygamy  Every one who (a) practises or enters into or in any manner agrees or consents to practise or enter into (i) any form of polygamy, or (ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (2) Evidence in Case of Polygamy  Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

294. Pretending to Solemnize Marriage  Every one who (a) solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies upon him, or (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. . . . . .

295. Marriage Contrary to Law  Every one who, being lawfully authorized to solemnize marriage, knowingly and wilfully solemnizes a marriage in contravention of the laws of the province in which the marriage is solemnized is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. . . . . .

329. (1) Husband Or Wife  Subject to subsection (2), no husband or wife, during cohabitation, commits theft of anything that is by law the property of the other. (2) Theft by spouse while living apart  A husband or wife commits theft who, intending to desert or on deserting the other or while living apart from the other, fraudulently takes or converts anything that is by law the property of the other in a manner that, if it were done by another person, would be theft. (3) Assisting or receiving  Every one commits theft who, during cohabitation of a husband and wife, knowingly (a) assists either of them in dealing with anything that is by law the property of the other in a manner that would be theft if they were not married, or; (b) receives from either of them anything that is by law the property of the other and has been obtained from the other by dealing with it in a manner that would be theft if they were not married. . . . . .

423. (1) Intimidation  Every one who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he has a lawful right to do, or to do anything that he has a lawful right to abstain from doing, (a) uses violence or threats of violence to that person or his spouse or children, or injures his property, (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or a relative of his, or that the property of any of them will be damaged, (c) persistently follows that person about from place to place, (d) hides any tools, clothes or other property owned or used by that person, or deprives him of them or hinders him in the use of them, (e) with one or more other persons, follows that person, in a disorderly manner, on a highway, (f) besets or watches the dwelling-house or place where that person resides, works, carries on business or happens to be, or (g) blocks or obstructs a highway, is guilty of an offence punishable on summary conviction. (2) Exception  A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section. . . . . .

810. (1) Where Injury or Damage Feared  An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or child or will damage his or her property. (2) Duty of justice  A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division. (3) Adjudication  The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears, (a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behavior for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or (b) commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance. (3.1) Conditions  Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm or any ammunition or explosive substance for any period of time specified in the recognizance and that the defendant surrender any firearms acquisition certificate that the accused possesses and, where the justice or summary conviction court decides that it is not desirable, in the interests of the safety of the defendant or of any other person, for the defendant to possess any of those things, the justice or summary conviction court may add the appropriate condition to the recognizance. (3.2) Idem  Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition (a) prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or child, as the case may be, is regularly found; and (b) prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s spouse or child, as the case may be. (4) Forms  A recognizance and committal to prison in default of recognizance under subsection (3) may be in Forms 32 and 23, respectively. (4.1) Modification of recognizance  The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance. (5) Procedure  The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section. 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8. 810.1 (1) Where fear of sexual offence  Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 170 or 171, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of fourteen years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) Duty of provincial court judge  A provincial court judge who receives an information under subsection (1) shall cause the parties to appear before the provincial court judge. (3) Adjudication  The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order the defendant to enter into a recognizance and comply with the conditions fixed by the provincial court judge, including a condition prohibiting the defendant from engaging in any activity that involves contact with persons under the age of fourteen years and prohibiting the defendant from attending a public park or public swimming area where persons under the age of fourteen years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground or community centre, for any period fixed by the provincial court judge that does not exceed twelve months. (3.1) Refusal to enter into recognizance  The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance. (4) Judge may vary recognizance  The provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance. (5) Other provisions to apply  Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section. 1993, c. 45, s. 11; 1997, c. 18, s. 113(2). 810.2 (1) Where fear of serious personal injury offence  Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) Duty of provincial court judge A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provincial court judge. (3) Adjudication  The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behavior for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5) and (6), that the provincial court judge considers desirable for securing the good conduct of the defendant. (4) Refusal to enter into recognizance  The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance. (5) Conditions  firearms  Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing firearm or any ammunition or explosive substance for any period of time specified in the recognizance and that the defendant surrender any firearms acquisition certificate that the defendant possesses, and where the provincial court judge decides that it is not desirable, in the interests of the safety of the defendant or any other person, for the defendant to possess any of those things, the provincial court judge may add the appropriate condition to the recognizance. Conditional Amendment On the later of the coming into force of s. 810.2(5) of the Code as enacted by 1997, c. 17, s. 9 and ss. 810(3.1) – (3.12) of the Code as enacted by 1995, c. 39, s. 157, s. 810.2(5) is replaced by the following: (5) Conditions  firearms  Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance. (5.1) Surrender, etc.  Where the provincial court judge adds a condition described in subsection (5) to a recognizance order, the provincial court judge shall specify in the order the manner and method by which (a) the things referred to in that are in the possession of the defendant shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorization, licences and registration certificates held by the defendant shall be surrendered. (5.2) Reasons  Where the provincial court judge does not add a condition described in subsection (5) to a recognizance order, the provincial court judge shall include in the record a statement of the reasons for not adding the condition. 1997, c. 17, s. 9(2). Not in force at date of publication. (6) Conditions  reporting and monitoring  Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable to include as a condition of the recognizance that the defendant report to the correctional authority of a province or to an appropriate police authority, and where the provincial court judge decides that it is desirable for the defendant to so report, the provincial court judge may add the appropriate condition to the recognizance. (7) Variance of conditions  The provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance. (8) Other provisions to apply  Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizance made under this section. 1997, c. 23, s. 9(1). Not in force at date of publication.

811. Breach of recognizance  A person bound by a recognizance under section 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s. 10; c. 23, ss. 20, 27.


Most of the above offenses are proceeded on as a summery conviction offence except where otherwise indicated


COMMON ERRORS AT TRIAL
The most common errors in summery conviction trials is that the defence fails to establish creditability of the accused.